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PA & NJ Liquor License Attorneys Alcohol Beverage Law

Details: Stark & Stark Alcoholic Beverage attorneys are experienced in laws relating to the production, distribution, and sale of alcoholic beverages in the states of New Jersey and Pennsylvania. We can address wineries, breweries, and distilleries needs regarding …

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New Jersey & Pennsylvania Car Accident Lawyer NJ & PA …

Details: Immediately! The laws regarding automobile accidents are becoming increasingly complex and can be very confusing. Whenever you have been in an accident, as a driver or passenger, and have any questions, please feel free to contact any of the New Jersey car accident Lawyers at Stark & Stark – free of charge. Stark & Stark’s auto accident and injury attorneys will earn a fee only if

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Nursing Home Law Blog Nursing Home Law Blog Assisted

Details: Unfortunately, research shows between 16% and 27% of nursing home falls are caused by factors such as dim lighting, slippery floors, broken equipment, and unclear walkways. Incorrect bed heights and faulty bed rails account for almost 30% of all nursing home falls. These are items easily remedied by nursing homes that often go unmanaged.

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NJ & PA Worker's Compensation Requirements

Details: The Supreme Court of New Jersey, in the recent decision of Richardson v. Board of Trustees, Police and Fireman’s Retirement System, has ordered major changes in the criteria applied to the granting of an accidental disability pension.The Court has replaced the traditional three prong test with a new five prong test which will make it much easier for the members of the Police and Fireman’s

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NJ & PA Proactive Sales Compliance Training

Details: The assessment portion of the 360°Proactive Sales Compliance program is designed to test not just whether your sales staff is aware of disclosure requirements, but whether they are also able to apply their knowledge during the sales process. Once the assessment process is completed, Stark & Stark’s franchise group will then provide a sales

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New Jersey Cohabitation Lawyers

Details: Call (609) 893-9060 - Stark & Stark is dedicated to helping individuals and families with legal issues including Cohabitation and Alimony cases.

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NJ & PA Condo & Community Association Lawyers

Details: Community Association Lawyers in NJ and PA. The Stark & Stark Community Associations practice has been a recognized leader in the area of homeowner and condominium association law for the better part of two decades. With more than 100 attorneys firm-wide, we can service most any legal matter faced by associations in New Jersey and Pennsylvania

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NJ & PA Non-Profit Organization Lawyers

Details: The Stark & Stark Non-Profit Organizations practice provides legal guidance and advice to entities that operate as non-profits include charitable foundations, educational, social service, literary, musical, theatrical, political action, public safety, and religious organizations, as well as trade associations, health care providers, and homeowners associations, to name a few.

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Prescriptive Easements Pennsylvania Law Monitor

Details: The old Woody Guthrie song emphatically proclaiming "this land is your land, this land is my land" could well have its roots in the concept of a prescriptive easement in Pennsylvania. As recently explained in a Bucks County Court of Common Pleas case, Slice & Hook Enterprise v. McGonigal, 87 Bucks Co. L. Rep. 321, 329 (2014), a prescriptive easement exists when one establishes a right to use

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New Jersey Dependent Emancipation Lawyers

Details: Emancipation of minors occurs when they are outside of the “sphere of influence” of the parents, yet there is no set age or emancipation law that dictates when a child becomes emancipated. Upon reaching the age of 18, or graduation from high school, whatever is later, there is a …

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New Jersey Condominiums, Cooperatives and HOAs

Details: In a common interest development, every owner enjoys exclusive control over some defined space, or land, on the one hand, and shared control of common land and/or improvements through an association of owners, on the other hand. Three (3) types of common interest developments: homeowners associations (HOAs), condominiums and cooperatives.

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Beneficiary Designation Important in Estate Planning

Details: Beneficiary designations are an important part of your estate planning process and your beneficiary designations should coincide with your desires found in your will. Accounts that have beneficiary designations such as retirement accounts (IRAs, 401 (k)s, etc.), insurance policies and annuities (to name a few) offer the owner of the account a

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A Message Regarding COVID-19 (Coronavirus) Stark & Stark

Details: Updated on March 15, 2020 On Saturday, March 14, Governor Wolf issued shutdown orders for all non-essential public spaces. Stark & Stark will be complying with his order and we are closing the Yardley office on Monday, March 16. Please check back for updates. We will continue to serve our Continue reading →

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Pennsylvania: A Debtor's Paradise for the Married

Details: Pennsylvania is part of the small minority of states that provides for a peculiar form of ownership of property between a husband and wife which often frustrates the creditors of one spouse. Known as a "tenancy by the entireties," this estate in property is founded upon the idea that when spouses marry, they become a single legal entity or person.

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Intoxication of a Pedestrian- Is this admissible at trial

Details: In Whyte, plaintiff was a pedestrian who was struck by a motor vehicle being operated by defendant while attempting to cross the street.A blood alcohol test was performed at the hospital revealing that plaintiff had consumed alcohol prior to the accident. At trial, defendant was permitted to question plaintiff regarding the results of the blood alcohol test.

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NJ & PA Workers' Compensation Attorneys

Details: NJ & PA Workers’ Compensation Attorneys. Our Workers’ Compensation Group comprises six work injury lawyers and a support staff of ten paralegals and secretaries, who have the substantive knowledge and the experience to protect your rights under the Workers’ Compensation Laws of the State of New Jersey. The Workers’ Compensation Group has over fifty years’ experience in protecting the

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Workers' Compensation / Commuting Pennsylvania Law Monitor

Details: If you are injured while commuting to or from work, you generally cannot make a Workers' Compensation claim. Commuting to and from work is not considered in the course of employment ("coming and going rule"). The following are exceptions to this general rule:

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Worker's Compensation Penalties: What Are They

Details: Under Pennsylvania Workers' Compensation Law, employers and insurers can be subject to monetary penalties. The Law provides that the Court has the power to impose penalties for a violation of any provision of the Workers' Compensation Act, Rules and Regulations. Employers and insurers may be penalized up to ten percent (10%) of an amount awarded, plus interest.

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Joint and Several Liability in Pennsylvania Pennsylvania

Details: As of June 28, 2011 Pennsylvania significantly changed the law of Joint and Several Liability. Prior to this change if an injured party brought a claim against more than one defendant each defendant would be potentially responsible for the entire amount of any jury verdict even if the comparative responsibility of that defendant was only 1%.

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Beer Franchise Reform: Could Mean Good News for

Details: House Bill 1666 seeks to reform these antiquated franchise laws and allow brewers to end impractical lifelong contracts and permit more new brewers to enter into the marketplace. While the proposed law does not ask for the eradication of franchise laws, it does require brewers and wholesalers to renegotiate their contracts every five (5) years

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Pennsylvania Condominiums, Cooperatives and HOAs

Details: Homeowners Associations (also known as “HOAs”) are governed by Pennsylvania’s Uniform Planned Community Act, 68 Pa. Stat. §§ 4101 to 4414 (the “UPCA”). Similar to a condominium, HOAs are created by virtue of a declaration. Unit owners in the HOA automatically become a member of the association, which maintains the common property

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How Long is a Judgment in Pennsylvania "Good For

Details: The answer, however, is somewhat complex. First, as a general matter, unless discharged in a Bankruptcy proceeding, the execution upon a judgment may issue against personal property within 20 years of the judgment’s entry. 42 Pa.C.S. § 5529 In practical effect, this means that a judgment creditor may direct a Sheriff to seize and sell the

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Rights of Whistleblowers: MDS Coordinators Nursing Home

Details: Our accident and personal injury practice serves as many as 2,000 clients per year, and every case is supervised by a certified trial lawyer. As a result of our experience and through careful assessment and preparation, our accident and personal injury lawyers help victims and their families obtain cash settlements for lost wages, medical expenses and pain and suffering.

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Alimony and Cohabitation in Pennsylvania Pennsylvania

Details: The law in Pennsylvania states that no spouse is entitled to receive an award of alimony where the spouse, subsequent to the divorce pursuant to which the alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the spouse's family within the degrees of consanguinity. Cohabitation can be shown according to the Pennsylvania Superior Court

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Pennsylvania Dram Shop Law Pennsylvania Law Monitor

Details: Under Pennsylvania's Dram Shop law, a business or individual who gives alcohol to a visibly intoxicated person is legally responsible for any damage that person might cause. The name "Dram Shop" comes from England, where gin was once sold by the spoonful, or "Dram." Pennsylvania' s Dram Shop law applies not only to businesses that serve alcohol, like bars and restaurants, but also …

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What Happens if you Die Without a Will in Pennsylvania

Details: The laws of Intestate Succession govern the disposition of a person’s property if he or she dies without a will, or if all of his or her property is not disbursed pursuant to a will. The Pennsylvania laws of Intestate Succession are designed to protect both the surviving spouse and children (if any).

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Loss Damage Waiver and Rental Cars: Pennsylvania Law Monitor

Details: In a recent Pennsylvania decision it has become clear that when you rent a car from a rental car agency you should accept and pay for the loss damage waiver. All of us have had the experience of arriving at a rental car counter and being asked if we want the company's damage insurance for an additional fee.

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Benjamin E. Widener

Details: Benjamin E. Widener is a Shareholder in the Employment and Litigation practice groups at Stark & Stark, and Chairman of the firm’s Employment Law Group, responsible for managing labor and employment work handled by the firm. Ben represents his clients in all aspects of labor and employment law, concentrating his practice in employment litigation and employment counseling.

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Liquor Licensees Can Avoid Civil, Criminal and

Details: In Pennsylvania, a person or entity that wishes to sell and/or serve intoxicating beverages to its clientele is required to obtain a liquor license issued by the Pennsylvania Liquor Control Board (PLCB). Once the license is issued, the licensee may sell and/or serve intoxicating beverages pursuant to the type of license it has received. Many establishments will operate under the direction of

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NJ & PA Legal Careers Law Firm Job Openings Stark & Stark

Details: Stark & Stark offers excellent opportunities for attorneys and professionals who want to meet the challenges facing the legal profession in this century. Bring in clients, handle your own cases, develop community relationships and build a practice. You deserve to work at a law firm that offers integrity, embraces diversity, and has a personal commitment to treating everyone with respect

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Evictions in Pennsylvania During the Pandemic

Details: Evictions in Pennsylvania During the Pandemic. Evictions are currently prohibited in Pennsylvania through April 30, 2020. The Supreme Court of Pennsylvania’s April 1, 2020 Second Supplemental Order prohibits evictions, ejectments, or other displacements from a residence for non-payment of rent or taxes, or a mortgage foreclosure.

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The Motor Vehicle Exception to Government Immunity in

Details: The motor vehicle exception to government immunity essentially waives immunity where the negligent act that caused the plaintiff’s injuries involves the movement and operation of the government owned or controlled vehicle or its parts. An obvious example would be the motorist who accidentally gets rear-ended on a roadway by a local police

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Why Underinsured Motorist Coverage Is So Important in

Details: You may be a responsible driver and abide by the state’s auto insurance laws, however not everyone else does. Interestingly, Pennsylvania has one of the lowest rates of uninsured drivers in the nation. However, the City of Philadelphia and Pittsburgh …

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What Hotel Owners, Executives and Managers Need to Know

Details: Hotel patrons are paying for a luxurious experience away from home and are expecting convenience at all times. Part of this expected convenience is the ability to purchase alcohol at one or more locations on premises, including the hotel's bar or restaurant, or in their own room. Which brings me to my first, and most important point, you need to understand the limitations of your Hotel Liquor

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What is considered "marital property" in a Pennsylvania

Details: Pennsylvania Law starts with the presumption that all real or personal property acquired by either party during the marriage is marital property regardless of how it is titled. Marital property also includes the increase in value (during the course of the marriage) of any non-marital property. The Court is thus more concerned with when the property was acquired rather than how the property is

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What is subrogation

Details: After an insurance company has paid benefits to a person injured in an accident, subrogation refers to the process of the insurance company later seeking reimbursement from the person legally responsible for causing the accident. Under Pennsylvania law, if you are injured in an auto accident, your auto insurance company has no right of subrogation.

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Pennsylvania Liquor Control Board's Nuisance Bar Program

Details: If you're liquor licensee in Pennsylvania, you're likely subject to the Pennsylvania Liquor Control Board's (PLCB) Nuisance Bar Program ("NBP"). The NBP was established in 1990 and is run by the PLCB. The NBP provides a method for the PLCB to manage licensed establishments that may have "abused" their licensing privilege. The program's objective is to help licensees avoid being labeled as a

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Medical Malpractice and the Mental Health Procedures Act

Details: The Mental Health Procedures Act (MPHA) establishes the procedures for the treatment of mentally ill patients in the Commonwealth of Pennsylvania. Of course, medical malpractice can and does occur to mentally ill patients in Pennsylvania who are subject to the MPHA under a 301 or 302 commitment. The typical Plaintiff in a medical malpractice will have committed suicide while being …

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Obtaining or Transferring a Liquor License for a Golf

Details: For many, it's not uncommon to grab a drink before or after (and maybe even during) a good round of golf. In order to do this, the owner and/or operator of a golf course has to obtain a liquor license from the Pennsylvania Liquor Control Board (PLCB). Most likely, this license will be a Privately-Owned Private Golf Course Club Liquor License (PGC, GCC).

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By Jerry A. Nelson and Thomas S. Onder, Stark & Stark

Details: laws, codes, ordinances, rules and regulations. Failure to comply can incur fines, penalties, damages and lost opportunities. It is vital that you retain experienced counsel that understands these complex compliance issues to save both cost and time. The following are just a few com-pliance issues to note on your next lease: 1. Land Use/Licensing

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Tax Increment Financing Act (TIF) Pennsylvania Law Monitor

Details: By Stark & Stark on August 22, 2008. Posted in Real Estate. Pennsylvania enacted the Tax Increment Financing Act (TIF) as a way to improve the conditions of urban areas in the state that have been deemed “blighted”. The Act creates a system of financing for the redevelopment of the areas that is essentially privately funded.

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Pennsylvania Law Monitor

Details: The Pennsylvania Supreme Court recently held that a contractual no-hire or “no poach” provision in a services contract between sophisticated business entities is not enforceable under the laws of the Commonwealth of Pennsylvania. This important case is entitled Pittsburgh Systems, Inc. v. Beemac Trucking, et. al., case no. 31 WAP 2019.

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Senate Aims for Federal Jurisdiction Over COVID-Related

Details: Business groups have lobbied for this change, citing the variation in laws and regulations at the state level as being unfavorable to defendants. Giving jurisdiction over to federal courts presents potentially more favorable outcomes to defendants because of more conservative juries, a higher burden of proof, and faster timetables.

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